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FAQ

The EB-5 Immigrant Investor Program provides foreign investors a path to U.S. permanent residency and possibly citizenship through a significant amount of investment in a U.S. business and the creation of American jobs. The investment criteria are $900,000 for a project in a Targeted Employment Area or $1.8 million for one in a non-TEA.

1. Minimum Capital Requirements:
Investment amount of $800,000 + Administrative Fees + Legal Fees + Other USCIS Filing Fees

2. New U.S. Jobs Requirements:

Create or preserve at least ten (10) full-time jobs for American workers

3. “At Risk” Investment:

Investment must be “At-Risk” (i.e. fully invested in the project, fund or new company) for the duration of the investor’s conditional residency period
Per U.S. law, the EB-5 investor cannot be offered any guaranteed return on or of principal nor possess any redemption rights

4. Legally Sourced Investment:

Acceptable options include (but are not limited to):

  • Salary earned through lawful employment
  • Sale of Portfolio or Property
  • Gifts of money from family members, friends, employers
  • Profits made from sale of a house, real estate or other assets
  • Loan against Collateral (Margin Loan or Loan Against Property)

The EB-5 process, which includes the processing of Forms I-526, I-485 and I-829, varies based on the workload of different USCIS service centers across the U.S. and other case-specific factors. USCIS updates its website on the estimated case processing times for each form, which can be used by investors as a general guideline. Investors coming from backlogged countries may experience longer waits.

EB-5 investors may get the full or part of their invested money back when their immigration and investment cycles are completed. Many regional centers would include the terms and conditions of this exit procedures in the investment agreement or other documents. USCIS also requires that EB-5 investors maintain their investment “at risk” during the two years of conditional permanent residency.

About 10,000 visas are reserved every fiscal year for the EB-5 visa category. These visas are issued to EB-5 investors, their spouses and dependent children under 21. Each country can take up to 7.1% of the annual visa quota. Unused visas are allocated to investors from countries with high demands

 
Each EB-5 Visa investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the United States. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center through the EB-5 Regional Center Program, investors receive the benefit of indirect job creation.

There are no requirements with respect to prior business experience or education. The only requirement is that the investor is accredited and meets certain suitability standards with respect to income, net worth, etc. The investor also must prove unconditionally that the source of funds is legal through the submission of proper documentation.

No, but it is strongly recommended that a non-English speaking investor hires the services of a translator to ensure that the investor fully understands the investment terms and that the offering materials are reviewed carefully before the investor makes a decision.

Under the regulations, an investor who is approved for the EB-5 Immigrant Visa receives a “conditional” green card, which is valid for a two-year period. An “unconditional” or permanent green card is valid for ten years. Otherwise, the two cards offer the same rights and privileges.

There are two ways to become a U.S. citizen. The first is to be born in the U.S. or to be born to a U.S. citizen. The second is by naturalization. The first step to becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being an LPR for five years is one of the basic requirements for qualifying for naturalization. A second requirement is for the candidate to be physically present in the U.S. for 30 months during the five years prior to the naturalization application. Once naturalized as a U.S. citizen, an individual is entitled to citizenship benefits, including the right to vote and to hold public office.

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